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The Algorithmic Fiqh: Qiyas and the Cryptocurrency Paradigm Benali, Fatima Zohra; Miftahussurur, Wildan Miftahussurur; Santos, Rijal Ali Santos; Zaenol Hasan
Indonesian Journal of Islamic Law Vol. 8 No. 1 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/c3g8zb70

Abstract

This study examines the application of qiyas (analogical reasoning) in assessing the legality of cryptocurrency within Islamic law, particularly through the fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). As cryptocurrency emerges as a significant innovation in the economic sector, the research analyzes classical fiqh texts and draws analogies with paper money to identify essential criteria for cryptocurrency to be considered a legitimate medium of exchange, including being valuable, pure, transferable, and beneficial. The findings indicate that while cryptocurrency lacks official backing, its value is derived from societal trust in blockchain technology. The study emphasizes the necessity for cryptocurrency transactions to comply with Sharia principles, avoiding elements of riba, gharar, and maysir. Additionally, it highlights the importance of collaboration among scholars, academics, and practitioners in Sharia economics to develop responsive fatwas and policies that address technological advancements and societal needs. Furthermore, to provide a broader perspective, examples from other countries, such as Malaysia, Algeria, and Morocco, can be referenced to understand how different Islamic authorities approach the regulation and assessment of cryptocurrency. For instance, Malaysia's Shariah Advisory Council has recognized cryptocurrencies under certain conditions, while Algeria has outright banned their use due to concerns over their volatility and speculative nature. Morocco, on the other hand, has issued warnings about the risks associated with cryptocurrency, despite the growing global interest in digital currencies. By examining these diverse approaches, the research can offer a more comprehensive understanding of how cryptocurrency fits within the frameworks of Islamic finance and law across different contexts. This research contributes to the discourse on integrating modern financial systems with Islamic principles, suggesting that cryptocurrencies can be utilized within Islamic economies if they adhere to Sharia guidelines. Ultimately, the study aims to provide practical guidance for Muslims in conducting economic activities in the digital era while leveraging technological progress to enhance welfare and prosperity.
Legal Certainty of Interfaith Marriage After SEMA No. 02 of 2023 Maqasid Sharia Perspective Rusliansyah, Shabrina; Melayu, Hasnul Arifin; Amri, Aulil; Lajaunie, Claire; Benali, Fatima Zohra
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.303

Abstract

Interfaith marriage in Indonesia has long been a controversial legal issue, particularly following the issuance of Supreme Court Circular Letter (SEMA) No. 02 of 2023, which explicitly prohibits the registration of marriages between individuals of different religions. This policy has raised significant concerns regarding legal certainty and its alignment with substantive justice, especially when examined through the lens of Maqasid al-Sharia. This study aims to analyze the extent of legal certainty governing interfaith marriage under Indonesia’s positive law framework and to assess its conformity with the objectives of Islamic law. Employing a normative juridical method, this research utilizes statutory, conceptual, and doctrinal approaches, drawing upon legislation, Islamic legal doctrines, and relevant academic literature. The findings reveal that, under positive law, interfaith marriage lacks formal legal validity as it contravenes Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage, a position further reinforced by SEMA No. 02 of 2023 as a binding judicial guideline. From the perspective of Maqasid al-Sharia, the prohibition is consistent with the protection of the five essential objectives of Islamic law (al-daruriyyat al-khams), particularly the preservation of religion (hifz al-din) and lineage (hifz al-nasl). Nevertheless, this study also identifies inconsistencies in the implementation of SEMA No. 02 of 2023 at the practical level, which may undermine legal certainty and result in unequal legal treatment. Therefore, this research recommends the strengthening of legal harmonization through clearer statutory regulation, enhanced inter-institutional coordination, and improved guidance for law enforcement and civil registration authorities to ensure consistent application in accordance with the principles of legal certainty, justice, and social welfare.